Initiative to stall annexation of Ladera land in Timnath will be on April 2 ballot
Timnath voters will decide the timing of the future annexation of some of the 240-acre Ladera mixed-use project being developed by Connell LLC, the sister company of Connell Resources, owner and operator of a gravel mine on the Ladera site.
Town Clerk Milissa Peters-Garcia certified in December a petition circulated by five Timnath residents had enough valid signatures to go to the voters. The measure, if passed, would prohibit the town from annexing properties with open mining permits until reclamation is complete. That means Timnath could not annex about 158 acres of land that is included in Connell Resources' mining permit until the mine is closed and reclaimed — a process that could take years.
The petition calls for the measure to be retroactive and include any pending annexation petitions.
Town council unanimously opposed the petition but will set the ballot language at its meeting Tuesday, Jan. 9. The initiative will be on the town's April 2 municipal ballot.
About 158 of Ladera's 240 acres are included on Connell Resources' mining permit issued in 1999 and amended in 2003 by Larimer County and the Colorado Division of Reclamation, Mining and Safety, according to the company.
Connell LLC is currently in the process of annexing 189 acres from Larimer County into Timnath. The overall development east of Interstate 25 could eventually hold more than 700 homes; about 2 million square feet of commercial, office and retail space; an In-N-Out Burger drive-thru restaurant; a new home for Respite Care, Inc.; a fitness center; dual-branded hotel; storage units; restaurants; assisted living and more.
Some of the land, including the site for the new Respite Care building has already been annexed.
Town council in December set a Jan. 23 hearing on the proposed annexation. The town's Planning Commission will hear details of the annexation Jan. 16.
The petition committee — Matthew Wasserman, Harry Deveraux, Dan Ethridge, Irvan Christy Jr. and Christine Landon — is concerned that annexing the site might mean the town will be responsible for cleanup at a later date. It wants the town to annex the portion of land outside of the mine, then annex and develop the land where the mine is located after it is reclaimed.
In discussing the resolution in opposition, council feared that passage of the initiative would expose the town to a lawsuit, unconstitutionally limit property owners' rights and conflict with town goals established under its comprehensive development plan.
This article originally appeared on Fort Collins Coloradoan: Timnath voters will decide fate of Ladera annexation on April 2
